JB_058_090.xml

Title: [11 May 1805 Procedure & Evidence]

Description: 11 May 1805

Procedure & Evidence

Introd

Ch 5 Collateral Incidental

'.6. Expence

'.2 The Expence, were it [...?], could not rest any where, so properly as upon the public. Under the head of vexation, in considering the classes of persons liable to be affected by it, the public at large, considered in its collective capacity, found its place in the list: and, under that head a case in which the vexation, if not prevented, might be productive of very serious evil, was exemplified.

To the particular mode of vexation constituted by expence /here in question viz. expence/ the same party the public in its collective capacity is in a much more extensive degree, and indeed continually and on every occasion, subjected. but on this occasion, wide indeed is the difference between vexation in other shapes, and vexation in the shape of expence. In other shapes vexation can not any where fall so heavy, as when it falls upon the public: in the shape of expence it can not any where fall so light. Next, in point of relief, to the annihilating it altogether, is the throwing it upon this broadest and most apposite of all funds.+

In almost every /So far as concerns the/ European state, the expences of procedure, so far as concerns the remuneration afforded to the officers of justice judicial and ministerial - Judges and their subordinates - especially the expences attendant on the creation and maintenance of the seats[?] of judicature, are in a degree more or less considerable borne by the revenues of the state. Nor would it be otherwise than desirable that the expences falling upon the several other descriptions of persons concerned, as above enumerated - viz: parties except, to the extent of the demand for punishment in case of [...?] fide complaint or defence agents of parties and witnesses should be made ultimately to rest upon the same broad /extensive/ fund, were it not for the unlimited and [...?] increase to which the amount of the expence would be exposed [...?] which might be given to the expence, if so disposed of.++

+ Introd. Dum

++ expence to the head[?] of [...?]

JB_168_201.xml

Title: [11 Jan y 1808 Table VII In]

Description: 11 Jan y 1808

Table VII

In the English Equity mode, two characteristic features, viz. the two modes of collecting evidence: 1. the secret mode, performed vivâ

voce, for judicum àd leve[?]; applied principally to the evidence of extraneous witnesses: a mode bad in all cases: - 2. the epistolary mode; - a mode confined in its application to parties when examined as witnesses, and (for the sake of making two sorts[?] out of one) to the defendant's side of the suit: but, if good as applied to parties on one side, not less so as applied to parties on both sides: if good as applied to parties, not less so if applied to extraneous witnesses: if good as employed in Equity Law causes, not less so if employed in Common Law causes.

Under natural procedure[?], in which the ends of justice (viz. such of them as on each occasion are concerned are the only objects arrived at, viz prevention of misdecision, prevention of delay, vexation and expence, in so far as the evil is either unnecessary or preponderant, the secret mode of collecting the evidence, as practised in the Equity Courts is excluded altogether; the epistolary mode is employed, on each occasion, just so far as it is subservient to one or more of those ends of justice, without being productive of inconvenience to a greater amount to the prejudice of the rest.

059-252.xml

Title: [5 July 1804 Procedure & Evidence]

Description: 5 July 1804

Procedure & Evidence

Evils

2d order

'.3. 3. vexation 1. to plff

 This after expence?

7th /7th on the list of/ independent evils of the (-----) first class the ------- evil of vexation. Viz: to the parties to the cause, and to the plaintiff or demandant. (a)

The immediate causes or elements or causes.

1. Natural causes labour of mind and loss of time by steps necessary to be taken independently /exclusively/ of ----- additions by the party in question preparatory to or for the purpose of laying before the judge the grounds of the demand or the defence the full ------ of the party, will be the services demanded at the hands of the judge.

1. Attendance at the seat of judicature - and the several subordinate offices.

2. On the professional advisors and assistants - in case of any need, real or supposed, for such advice and assistance.

3. On the persons whose service is needed in the character of witnesses, or persons having the custody of real or written evidence /----- evidence/.

4. Arrangements (if any) necessary to be taken for securing the justiciability of the adverse party.

5. Arrangements (if any) necessary to be taken for securing the forthcomingness of the evidence - in its several modifications, corresponding to the several sources from which it is capable of being extracted. +

6. Journies to and from the places at which the several lists of services, ----- to the above objects are to /require to/ be rendered or applied for.

7. -----ity of ----, by reflection on the natural uncertainty of the cause and of the suit, and on the choice of the arrangements to be taken for the rendering of it favourable.

(a) Note (a) Depending upon the unstable structure of language the distinction between the object itself, and its cause or the several parts of it and its causes, will not always be altogether clear, or worth much expence of words, to render so. Warning of the want of clearness will in general be sufficient to prevent any such confusion as could lead to practical inconvenience.

The difference is no wider than that between the ---ial cause and the efficient

+ Reference --- to evidence.